Abstract

This, the third part of a three-part article, analyses the litigation in the case of Warner-Lambert Co LLC v Actavis Group PTC EHF (Civ Div) on: the scope of the claimant's Swiss-form claim for the use of the otherwise off-label drug pregabalin for the treatment of pain; and whether the manufacturer of a generic version of pregabalin, marketed for its off-label uses, was liable for infringement where evidence showed it was being prescribed as a painkiller.

Type:

Article

Title:

Second medical indications and the Swiss-form claim: taming Frankenstein's monster - Part 3: the Franken-cuckoo comes home to roost